Forthcoming Legislation

Employment Rights (Amendment) (EU Exit) Regulations 2018

Effective
EU Exit Day

The following draft regulations make amendments to employment law to reflect the withdrawal of the UK from the EU in the event that there is no deal with the EU.

Restriction of Public Sector Exit Payments Regulations 2019

Effective
to be confirmed

These draft regulations introduce a cap of £95,000 on public sector exit payments associated with loss of employment.

Public Sector Exit Payments to be capped and recoverable

Effective
to be confirmed

The Government has produced draft legislation to cap public sector exit payments (the Draft Public Sector Exit Payments Regulations 2016) and to make them recoverable when a high earner returns to the public sector within 12 months of leaving (the Draft Repayment of Public Sector Exit Payments Regulations 2016).

Changes to the Employment Tribunals Act 1996

Effective
to be confirmed

Following its consultation on reforming the employment tribunal system, the Government intends to make the following changes to the Employment Tribunals Act 1996.

Regulations to introduce fines on trade unions

Effective
to be confirmed

The draft Trade Union (Financial Penalties) Regulations allow trade union Certification Officers to fine unions for non-compliance with statutory requirements.

Investigatory Powers (Interception by Businesses etc. for Monitoring and Record-keeping Purposes) Regulations 2018

Effective
to be confirmed

These regulations come under the Investigatory Powers Act 2016. Similar provisions are currently contained in the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000, which these new regulations will replace.

Scotland legislates to increase the number of women on public boards

Effective
to be confirmed

The Gender Representation on Public Boards (Scotland) Act 2018 sets a “gender representation objective” for public authorities in Scotland when they make appointments to non-executive board positions.

New legislation to ensure tips go to workers

Effective
to be confirmed

The Government is to introduce legislation to ensure that tips left for workers go to them in full.

Four-week break will not interrupt continuity of employment

Effective
to be confirmed

The Government is to extend from one week to four weeks the period that breaks continuity of employment when assessing eligibility for statutory employment rights.

The right to request a more stable contract

Effective
to be confirmed

The Government is to introduce a new right for all workers to request a more predictable and stable contract.

Ministers required to consider EU employment law after Brexit

Effective
to be confirmed

The Government has issued draft legislation requiring ministers to make a statement of compatibility where a post-Brexit Bill affects employment rights or workplace health and safety standards.

IR35 reform to apply in the private sector

Effective
6 April 2020

The Government has announced in the Budget that a reform to the off-payroll working (IR35) rules that has been introduced in the public sector will be extended to medium and large companies in the private sector.

Agency Workers (Amendment) Regulations 2019

Reference
SI 2019/724
Effective
6 April 2020

These regulations amend the Agency Workers Regulations 2010 so that agency workers will no longer be able to opt out of their equal pay entitlements.

Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018

Reference
SI 2018/1378
Effective
6 April 2020

These regulations require employers to provide all workers with a written statement of employment particulars on the day employment begins (currently the statement has to be provided within eight weeks).

Employment Rights (Miscellaneous Amendments) Regulations 2019

Effective
6 April 2019 and 6 April 2020

These draft regulations introduce three changes.

National Insurance Contributions Bill

Effective
6 April 2020

The National Insurance Contributions Bill will introduce employer National Insurance Contributions (NICs) on termination payments over £30,000. This was going to take effect from 6 April 2018, then 6 April 2019 and the change is now due on 6 April 2020.

Parental Bereavement (Leave and Pay) Act 2018

Reference
SI 2018/24
Effective
April 2020

The Parental Bereavement (Leave and Pay) Act 2018 entitles parents who lose a child under the age of 18 to two weeks' paid leave.